Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Illegal loan

  • 13 Jan 2025

    CHAN v. INSTANT FINANCE LTD

    Citation
    [2025] HKCFI 301
    Court
    Court of First Instance
    Case number
    HCSD27/2024

    The statutory demand was set aside because the applicant discharged the burden by adducing sufficiently precise and believable evidence demonstrating substantial disputes on the debt: credible allegations of non-receipt of loan funds and deductions, credible evidence of improper/ misleading registration of the loan instrument against the Property indicating potential collusion or sharp practice, and an arguable case that the underlying WW loan was illegal and that the IFL loan was extortionate or tainted under the Money Lenders Ordinance, such that the creditor could not properly pursue bankr…

  • 18 Dec 2015

    WU HAN RONG v. CHAN HOR YEE HILDA

    Citation
    WU HAN RONG v. CHAN HOR YEE HILDA
    Court
    Court of Appeal
    Case number
    CACV135/2015

    The appeal was dismissed because the defendant failed to raise a triable issue: her loan narrative was inherently implausible, poorly pleaded and unsupported by contemporaneous documentary evidence (and adverse inferences arose), the duress allegation was temporally inconsistent with cheque presentation and other facts, and summary judgment was therefore properly entered; the court was entitled to correct the judgment sum to the accurate total.